[lbo-talk] Jury duty

[andie nachgeborenen]

I add my voice to Doug's and Joanna's. The jury
system, including the potential for nullification,
that is, popular rejection of and action against laws
perceived to be unfair or unfairly enforced, is a
bulwark of democracy from below.  When juries nullify
Draconian drug laws enforced in a racially
discriminatory way against small-time dealers, it
takes a truly insane mind to see that as equivalent to
the rule of a lynch mob. And while I have served on
any juries, I have participated in or listened in on
(federal) jury discussions of the rationales for their
verdicts, and I am substantially impressed. I think
nullification is fairly rare and a form of civil
disobedience no less legitimate than other forms, and
a lot less dangerous than systematic police
"testilying,: 

--- Doug Henwood <dhenwood at panix.com> wrote:


> 
> On Nov 15, 2006, at 1:04 PM, joanna wrote:
> 
> > Wojtek Sokolowski wrote:
> >
> >> I may also add that if the "jury nullification"
> principle was to  
> >> be the
> >> norm, I would have zero confidence in the justice
> system, both  
> >> criminal and
> >> civil, because that system would be reduced to a
> mob rule or legal  
> >> lynching.
> >> In such situation, I would be probably more
> receptive to the  
> >> position held
> >> by the NRA that the best protection is not the
> legal system but the
> >> possession of fire arms, the more fire power the
> better.
> >>
> > You are a serious misanthrope. My wonderful
> Armenian divorce  
> > lawyer, as decent, intelligent, and skilled a
> lawyer and human  
> > being as one would be likely to meet, told me once
> that the jury  
> > system is the best thing to happen to the legal
> system -- and he  
> > clearly believed that wholeheartedly and
> passionately.
> 
> I've been on a couple of juries, and I'm always
> impressed. People  
> take their work really seriously and do their best
> to deliver an  
> honest verdict. It's inspiring really. Woj, you're a
> terminal sourpuss.
> 
> Doug
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